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Thomas, Solicitor
Category: UK Immigration Law
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Hello I am the only child of my parents who live in India. I

Resolved Question:

Hello

I am the only child of my parents who live in India.
I am a British National for the past 8 years and permanently live along with my wife and child in the UK.
My father died in Feb 2011. My mother who is 62 years old has chronic mental health issues which have deteriorated over the past couple of years.
In Feb 2012 she met with a car-accident while crossing the road without paying attention and was admitted to hospital. She now has a steel plate inserted in her leg.
Since then she is unable to walk up stairs or uneven surface without assistance.
She also is diagnosed with brain damage which the doctor's suspect happened due to a stroke in the past.
She cannot cook, clean, wash or put on her sari without assistance.
I have admitted her to a 'rehabilitation centre' in May 2012 and completely provide the financial assistance for her care.
She however completely dislikes the centre and suspects the staff of stealing her things. Her suspicions are unfounded and are part of her mental health issue. She is not allowed to leave the centre on her own because of her physical and mental condition. She wishes to come and live with me.
The doctor and staff are of the opinion that she requires care, love and affection at home from her loved ones along with long term medication for her mental health. At present I travel every 6 month for a few weeks to India to meet her.
She has never been abroad and I wish to bring her to live with me. As the only child, I am the only one who can provide this.
I can provide all documents including letters and receipts from the doctor, pharmacy and the rehabilitation centre. My mother's brain scan report and x-rays for the operated leg. Copies of my Bank statements to prove that I fully pay for her stay and treatment. The death certificate of my father.
Please let me know if I meet the requirement for the "most exceptional compassionate circumstances" to bring my mother over to live with us.

Regards
Dan
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Dan

Thanks for your patience.

You would be looking at applying for an “Adult Dependent Relative” visa, if you were eligible.

You probably know already but the criteria for this application is contained here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

The important points are the second set of bullet points on the above page.

Clearly, your mother meets the first criteria.

The second is more difficult since she is in a rehabilitation centre, which on first blush would appear to cater for her health requirements so that UKBA would look at this as a potential ground to refuse the visa. However, in order to get around their objections you would have to produce evidence for why it does not completely meet her requirements.

You would have to produce written substantial evidence from the professionals (including doctors) at the facility stating that the care that they are able to provide is not the most ideal because they consider that she would benefit from the care that a loving family member is able to give. They key is the evidence that you are able to produce in this regard.

I would say that it is definitively worth having a consultation with a UK solicitor after you have gathered intial evidence from the professionals at the facility (perhaps in the form of emails) in response to your enquiry as to the ideal form of care. The solicitor would look at the documents specifically and offer an opinion on whether they are sufficient to use as evidence that the care that she is receiving is reasonable in the circumstances.

You have to tread a fine line because the professionals obviously won’t say anything detrimental about the standard of care but they might be confidently able to say that her health would be improved by being close to loved ones, this is what you should focus on.

Additionally, you would also have to meet the third criteria in respect of maintenance.

My gut feeling is that if you apply you should do so in the knowledge that you might have a fight on your hands and have to appeal. You would stand a better chance on appeal though because your evidence gets a much better hearing. .

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Kind regards,


Tom
Expert:  Thomas replied 1 year ago.
Hi,

I have been called in to an impromptu meeting.

I will be able to respond to any questions you have in about 45mins.

Tom
Thomas, Solicitor
Satisfied Customers: 6595
Experience: BA (Hons), PgDip, Practising Solicitor
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